https://www.taxtmi.com/caselaws?id=312388 Receipts from the sale of software products were treated as non-taxable royalty income under binding precedent, so they did not give rise to Indian tax as royalty. On the dependent agency permanent establishment issue, the governing principle applied was that attribution does not arise where the Indian agent is already remunerated at arm's length for functions performed, assets employed and risks assumed. As no deficiency in that arm's length compensation was established, no further income survived for attribution to the foreign enterprise, and the connected grounds on gross basis taxation and ancillary adjustments also fell away. en-us Tue, 31 Aug 2021 00:00:00 +0530 Thu, 15 Feb 2024 05:29:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312388 Receipts from the sale of software products were treated as non-taxable royalty income under binding precedent, so they did not give rise to Indian tax as royalty. On the dependent agency permanent establishment issue, the governing principle applied was that attribution does not arise where the Indian agent is already remunerated at arm's length for functions performed, assets employed and risks assumed. As no deficiency in that arm's length compensation was established, no further income survived for attribution to the foreign enterprise, and the connected grounds on gross basis taxation and ancillary adjustments also fell away. Case-Laws Income Tax Tue, 31 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312388